Findings Required in Delinquency Dispositional Orders

Dispositional orders in delinquency cases must contain “appropriate findings of fact and conclusions of law.” G.S. 7B-2512(a). What constitutes appropriate findings of fact is a question that North Carolina appellate courts have repeatedly addressed. This blog explains the requirement for findings in delinquency dispositional orders and provides examples of findings that the North Carolina Court of Appeals has found to be sufficient.  Required Findings The court must choose a disposition, within the allowable alternatives for the youth’s statutorily prescribed disposition level, that protects the public and meets the needs and best interests of the juvenile. G.S. 7B-2501(c). That determination must be based on the following five statutory factors: (1) The seriousness of the offense; (2) The need to hold the juvenile accountable; (3) The importance of protecting the public safety; (4) The degree of culpability indicated by the circumstances of the particular case; and (5) The rehabilitative and treatment needs of the juvenile indicated by a risk and needs assessment. As the Court of Appeals stated in Matter of N.M., 290 N.C.App. 482, 484 (2023), “[t]his Court has held ‘the trial court is required to make findings demonstrating that it considered the [N.C. Gen. Stat.] § 7B-2501(c) factors in a dispositional order entered in a juvenile delinquency matter.’ In re V.M., 211 N.C. App. 389, 391–92, 712 S.E.2d 213, 215 (2011).”  While it is therefore clear that written findings showing that the court considered all five statutory factors are required, the exact content needed to sufficiently support such a showing raises question. Reports Incorporated by Reference [...]